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Partner 820 & 801 Visa

Partner 820 & 801 Visa

Features of the 820/801 Partner Visa – Temporary to Permanent Residency in Australia

The Partner visas (subclasses 820 and 801) allow the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.

Visa Process

  1. Temporary Partner Visa (subclass 820): Initially granted, allowing you to stay in Australia. After 24 months, you may become eligible for the Permanent Partner Visa (subclass 801).
  2. Permanent Partner Visa (subclass 801): This visa is available after holding the subclass 820 visa for 24 months, assuming continued eligibility.

Eligibility Criteria

  • Relationship Status: You must be married or in a de facto relationship with:
    • An Australian citizen
    • An Australian permanent resident
    • An eligible New Zealand citizen
  • Marriage Requirements:
    • Your marriage must be legally valid under Australian law. Parental permission is needed if you are aged 16 or 17.
    • If in a de facto relationship, you must have been together for at least 12 months.
  • Location:
    • If applying from within Australia, you must hold another visa type (e.g., student, visitor, or working holiday visa).
    • You should not have an “8503 – No further stay” condition.
  • Health and Character:
    • You must meet health and character requirements.

De Facto Relationship

To apply on de facto grounds, you typically need to prove 12 months of cohabitation. The 12-month requirement also applies to other visa types, including:

  • Permanent visas
  • Business Skills (Provisional) visas
  • Student visas
  • Partner visas
  • General Skilled Migration visas

However, if you register your relationship in an Australian state or territory, you may be exempt from the 12-month requirement. Registration provides legal recognition and can aid in immigration processes. Requirements include:

  • Both partners must be 18 or older
  • Neither partner can be in a relationship with another person
  • Partners must not be related by family

Long-Term Relationships

If you’ve been in a long-term relationship (3 years living together or have a child together and lived together for 2 years), you might receive the permanent Partner visa (subclass 801) immediately after the temporary Partner visa (subclass 820).

If Your Visa is About to Expire

You may stay in Australia on a Bridging visa if you’ve already lodged your application.

Age

  • For marriage: You usually must be 18 or older for your marriage to be valid under Australian law.
  • For de facto partners: You must be 18 or older when you apply.

Your Relationship

You must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. You may still be eligible if your relationship ends after you lodge your application.

Sponsor

You must have a sponsor, typically your partner, unless they are under 18.

Debts to the Australian Government

You must have repaid or arranged to repay any outstanding debts to the Australian government.

Visa Refusals or Cancellations

If you have had a visa cancelled or refused while in Australia, you might not be eligible for this visa.

Eligibility for Permanent Partner Visa (subclass 801)

  • Hold a temporary Partner visa (subclass 820)
  • Continue to be in a genuine relationship with your spouse or de facto partner unless special circumstances apply
  • Comply with all Australian laws while on your temporary visa

What You Can Do

The temporary Partner visa (subclass 820) allows you to stay in Australia until a decision is made on your permanent Partner visa (subclass 801).

Cost

  • AUD 9,095 for the Partner visa (subclasses 820 and 801).
  • If you hold a Prospective Marriage visa (subclass 300): AUD 1,920.

The fee covers both the temporary and permanent visas, paid at the time of application. Visa application fees are generally non-refundable, even if you withdraw your application or if your visa is refused.

Additional Costs

  • Fees for children applying with you.
  • Costs for health checks, police certificates, and biometrics.

Location Requirements

  • From 25 November 2023, subclass 309, 820, and 801 visas can be granted regardless of your location at the time of the grant.
  • You must be in Australia when lodging your application and when a decision is made on the temporary Partner visa (subclass 820).
  • For the permanent Partner visa (subclass 801), you can be in or outside Australia when a decision is made.

If applying from outside Australia, consider:

  • Prospective Marriage visa (subclass 300)
  • Partner visa (subclass 309 and 100)

Visa Duration

  • Temporary Partner Visa (subclass 820): Valid from the date granted until a decision is made on the permanent Partner visa (subclass 801).
  • Permanent Partner Visa (subclass 801): Indefinite validity, starting from the date granted.

Family

You can include dependent children or stepchildren in your application. If granted, they will have the same rights and visa conditions as you.

Obligations

You and your children must comply with Australian laws and visa conditions, which can be checked in VEVO.

Sponsorship Limitations

Certain visa holders might face limitations in becoming a sponsor, depending on their visa history and circumstances.

Sponsorship Duration

Your sponsorship ends two years after the Partner visa (subclass 820) is granted, even if the subclass 801 visa is granted immediately afterward.

Work Rights

  • Visitor Visa to Partner Visa: If you hold an eligible visitor visa and lodge a partner visa, you transition to Bridging Visa A (BVA) with full work rights during processing.
  • 457/TSS 482 Visa to Partner Visa: You must continue working for your sponsor until your 820 visa is granted. Consult for detailed advice on potential issues.
  • Working Holiday 417 Visa to Partner Visa: You may apply for a work rights waiver to work longer than the allowed six months for one employer.